[HISTORY: Adopted by the North Wildwood City
Council 6-5-1991 by Ord. No. 1093. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The open space on the premises and on adjoining property,
under the control of owners or operators of such premises.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property or recorded in the official
records of the state, county or municipality as holding title to the
property or otherwise having control of the property, including the
guardian of the estate of any such person, and executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust or other similar
materials.
[Amended 4-18-2000 by Ord. No. 1344]
The City of North Wildwood finds that it is
necessary and expedient for the preservation of the public health,
safety and general welfare to eliminate fire hazards and require the
removal of brush, weeds, trash, garbage and similar items from property.
[Amended 4-18-2000 by Ord. No. 1344]
All property within the City limits shall be
maintained free from brush, weeds, including ragweed, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris. The property owner or occupant must destroy and remove said
items from the property within 10 days after notice to remove or destroy
same and to provide for the removal or destruction of same by or under
the direction of some officer of the municipality in cases where the
owner or tenant shall have refused or neglected to remove or destroy
same in the manner and within the time provided herein.
The owner of the premises shall maintain the
exterior property in compliance with these requirements. A person
shall not occupy as owner-occupant or permit another person to occupy
or use premises which do not comply with the requirements of this
chapter.
All vacant structures and premises thereof or
vacant land shall be maintained in a clean, safe, secure and sanitary
condition so as not to cause a blighting problem or adversely affect
the public health or safety. All vacant lands shall be properly graded
and all rubbish removed.
[Amended 4-18-2000 by Ord. No. 1344]
Whenever the Code Enforcement Officer of the
City of North Wildwood determines that there has been a violation
of this chapter or has reasonable grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible therefor in the manner prescribed below. The notice
shall give the owner or other occupant of the premises 10 days after
receipt of the notice to destroy and/or remove same.
Such notice prescribed in § 162-6 shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient
for identification.
C.
Include a statement of the reason or reasons why the
notice is being issued.
D.
Include a correction order allowing a reasonable time
for the abatement of the violation in order to bring the premises
into compliance with the provisions of this chapter.
E.
Include an explanation of the owner's right to seek
modification or withdrawal of the notice.
[Amended 4-18-2000 by Ord. No. 1344]
Such service shall be deemed to be properly
served upon such owner if a copy thereof is delivered to the owner
personally or by leaving the notice at the usual place of abode, in
the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof, or by certified or
registered mail, together with regular mail, addressed to the owner
at the last known address with return-receipt requested or, if the
certified or registered letter is returned with the receipt showing
that the letter has not been delivered, by posting a copy thereof
in a conspicuous place on or about the premises affected by such notice.
In the event that the regular mailing, if any, is also returned undelivered,
then a copy of the notice shall be published in a local newspaper
of general circulation.
Should the owner or the person or persons responsible
fail to correct the violation or violations within the time period
prescribed in the notice, the Code Enforcement Officer of the City
of North Wildwood shall proceed to have the violation or violations
corrected. The cost of the correction shall forthwith become a lien
upon the subject premises and shall be added and become and form part
of the taxes to be assessed and levied upon the subject property.
The amount shall bear interest at the same rate as taxes and shall
be enforced in the same manner.
[Amended 8-4-1998 by Ord. No. 1305; 5-21-2002 by Ord. No. 1411; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be punishable
by a fine not to exceed $2,000, imprisonment for not more than 90
days, or community service for not more than 90 days, or any combination
thereof. Each day that a violation continues after due notice has
been served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
